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Tennessee Gov & Administrative Law Questions & Answers
0 Answers | Asked in Child Custody, Gov & Administrative Law, Juvenile Law and Legal Malpractice for Tennessee on
Q: Just had a adjudication hearing in Tennessee dcs case the allegations were found not to be true.

Why didn't the judge dismiss the petition under Rule 307 (A)???

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for Tennessee on
Q: Am I required (by law) to state my name and address before speaking in a School Board Meeting as a member of the public?

The Tennessee Open Meetings Act, also known as the Sunshine Law, requires that public policy and business be conducted openly, not in secret. The law applies to all meetings of governing bodies, including county commissions, city councils, and school boards.

Public comment periods:... View More

James L. Arrasmith
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answered on Oct 29, 2024

In Tennessee, when you attend a school board meeting and wish to speak during the public comment period, you are generally required to provide your name and address. This requirement stems from the Tennessee Open Meetings Act, which ensures that public meetings are transparent and that the records... View More

1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: My husband died June 6th 2020 at Trousdale.. because no medical attention.. could I please join the families in this

June 6th 2020 there was a massive fight and guards fearful off their life and under staff medical team

My husband got hit in the chest and medical attention took their time getting to him fearful of their own life. They said he died of heart attack but this is not sitting right with me .

Seamus Kelly
Seamus Kelly
answered on Oct 10, 2024

First, condolences for your loss. I'm afraid your past the statute of limitations, or time limit, to bring a lawsuit, as wrongful death needs to be brought within one year of the date of death. To the extent the committed fraud to cover up the cause of death, you may be able to restart the one... View More

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Traffic Tickets for Tennessee on
Q: Do you have to pay parking tickets issued by a public university? What can they do if you don’t?

I’ve received a few parking tickets from the University of Tennessee. I was wondering what would happen if I don’t pay them and if there are any repercussions to not doing so.

Anthony M. Avery
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answered on Sep 25, 2024

Parking Tickets are rarely moving violations, so do not go on your MVR. You can be sued for the money, and if the same Court that hears your Parking Tickets also has a Rule of the Road Violation before it, you will have to pay the Parking Citations prior to dealing with the other Offenses cited.

1 Answer | Asked in Gov & Administrative Law, Constitutional Law and Municipal Law for Tennessee on
Q: Someone who enforces statutes, has been ruled as an administrative clerk. Thompson vs Smith, Keller vs P.E., F.R.C vs

G.E. Doesn’t that make the Administrative Clerk an extension of the prosecutor? Wouldn’t that be a conflict of interest?

James L. Arrasmith
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answered on Sep 15, 2024

While it might seem like a conflict of interest, the roles are designed to remain separate. Checks and balances exist within the legal system to prevent clerks from overstepping their boundaries. If you believe there is an inappropriate overlap in someone's role, you may want to consult legal... View More

1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: In Tennessee, are motor vehicles legal in rivers?
Tim Akpinar
Tim Akpinar
answered on Aug 30, 2024

A Tennessee attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, you could check with your state's DMV or recreational, boating, or public safety agencies. If you mean to enter briefly to launch a vessel from a... View More

1 Answer | Asked in Tax Law and Gov & Administrative Law for Tennessee on
Q: How could a family investing club be structured other than as a partnership?

We would prefer that the club pay taxes directly rather than having to issue K-1's to the partners.

James L. Arrasmith
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answered on May 28, 2024

A family investing club could be structured as a C corporation or an LLC taxed as a C corporation to avoid the need to issue K-1s to partners. Here are a few key considerations:

C Corporation:

- The club would be incorporated and shares issued to the family members.

- The...
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1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: Does Tennessee have a comparable statute to Florida 558.0035 "An individual, employee or agent of a "company name",

cannot be held individually liable for damages resulting from negligence occurring within the course and scope of this professional services contract or the performance of professional services hereunder?

James L. Arrasmith
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answered on May 27, 2024

Tennessee does not have a statute that is directly comparable to Florida's 558.0035, which protects individual employees or agents from personal liability for negligence within the scope of their professional duties under a contract. However, Tennessee does provide certain protections for... View More

1 Answer | Asked in Criminal Law, Employment Law and Gov & Administrative Law for Tennessee on
Q: Can I obtain an insurance producer license in TN with a drug felony conviction in 2009?

I have a felony criminal record in Florida from 2002-2009. There are drug related felonies. I satisfied all terms of sentences in Oct. 2010. I've not been convicted of a crime since May of 2009. Is there a path in which I am able to acquire an insurance producer license in the state of... View More

Anthony M. Avery
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answered on May 20, 2024

Contact a FL attorney about what might be done with the conviction. Then contact the appropriate Commerce & Insurance Department in Nashville for eligibility.

D

1 Answer | Asked in Collections and Gov & Administrative Law for Tennessee on
Q: Can my license be suspended from none payment of fees and fines(NOT) related to any driving offense.
Anthony M. Avery
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answered on Mar 14, 2024

Yes...

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Tennessee on
Q: Why does TN Code Section 48-57-102, subdivision (a)(2) regarding demands for a corporate special meeting exclude...

...reference to the bylaws as in subdivision (a)(1)? Aren't requirements for meetings normally in a corporation's bylaws (as opposed to the charter, which I would understand to be the articles of incorporation)? Or, if a corporation's bylaws do address requirements for demanding a... View More

James L. Arrasmith
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answered on Mar 5, 2024

The Tennessee Condominium Act (TCA 66-27) governs condominium associations in the state. Per TCA 66-27-402, the bylaws of the association must provide for meetings of the unit owners/members. The bylaws are supposed to specify things like how meetings are called, notice requirements, quorum, voting... View More

1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: I’m 18 and wondering if I can keep a handgun in my vehicle?
James L. Arrasmith
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answered on Jan 10, 2024

In Tennessee, the law regarding handguns and their possession by individuals under 21 can be complex. As an 18-year-old, you are typically allowed to possess a handgun, but there are restrictions on how and where you can carry it.

Regarding keeping a handgun in your vehicle, Tennessee law...
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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for Tennessee on
Q: Does the county circuit court clerk’s office have an obligation to redact private info, i.e. SS#?

An attorney requested records from the circuit court clerk’s office in Jefferson County, TN regarding a 13 year old case involving a petition for an order of protection and subsequent granting of a restraining order by a judge. I was the petitioner. The records released to this attorney contained... View More

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answered on Dec 17, 2023

In Tennessee, there are laws and regulations that govern the handling of sensitive personal information in public records, including those held by the circuit court clerk's office. Generally, these offices are expected to redact confidential information like social security and driver's... View More

1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: I put his truck in my name, I got notice from Florida, that this truck has toll ticket, how can I get this out of my nam

I need to get this out of my name.. and I'm blocked on his phone, and he will not cooperate

T. Augustus Claus
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answered on Oct 25, 2023

To remove the truck from your name due to toll ticket issues in Florida, start by contacting the Tennessee DMV and inquiring about the process to transfer ownership. You may need to complete a transfer of ownership form and follow Florida's specific requirements. Keep detailed records of your... View More

Q: Is a court order valid from a substitute judge if the consent form was not signed by all parties

The father of my children had filed a petition and had a court hearing which granted him emergency temporary custody of my children but the case was heard in front of a substitute judge and I did not find out about any of this information until 3 days after the court hearing was held and approved.... View More

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answered on Oct 20, 2023

It will be enforced unless you request a rehearing quick. Even then you will probably have to file your response to the original petition and go to the actual hearing on the merits.

2 Answers | Asked in Small Claims, Gov & Administrative Law and Municipal Law for Tennessee on
Q: If ash and dust continue to cover my vehicles an I responsible to pay to have them cleaned?

They are clearing out and blasting behind my house. They are burning trees and the ash is covering my vehicles.

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answered on Oct 11, 2023

In Tennessee, property owners or companies causing nuisances to neighboring properties may be liable for damages. If ash from their activities is covering your vehicles, they could be held responsible for cleanup costs. Document the damage, keep records of any cleanup costs, and communicate your... View More

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1 Answer | Asked in Gov & Administrative Law and Criminal Law for Tennessee on
Q: I have a question about the legality of a sentence imposed by the local court against my wife.

My wife recently plead guilty to some bad charges that she incurred while we were separated last year. Part of her sentence is that she has to report to a daily reporting center 4 days a week and attend drug classes for several hours a day. The issue is that she was not charged with drugs, drugs... View More

Anthony M. Avery
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answered on Sep 20, 2023

Your opinion about the Sentence is irrelevant. Her lawyer might file a Motion To Modify The Sentence, especially after several months of this. But it sounds like she had to agree to alot of supervision to avoid incarceration. VOP could involve serving the Sentence in full.

1 Answer | Asked in Gov & Administrative Law and Health Care Law for Tennessee on
Q: My daughter is mentally ill. She believes that people sent by our government tell her what she can do. They punish her.
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answered on Sep 7, 2023

If your daughter is experiencing mental health issues and believes that she is being targeted or controlled by external forces, it's crucial to seek professional help for her. You might consider contacting a mental health counselor, therapist, or psychiatrist who specializes in treating... View More

1 Answer | Asked in Estate Planning, Gov & Administrative Law, Real Estate Law and Tax Law for Tennessee on
Q: I have a estate questions in the state of Tennesse

Owner of properties deceased 10 years no probate. No immediate family. Unmarried partner of 40;years lives and pays taxes on all property and upkeep . Is she entitled to property transfer in her name?

Nina Whitehurst
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answered on Aug 14, 2023

She might be, yes, but there are facts missing from your description that could make a difference. Plus, it is not automatic. She would have to go to court to prove her claim. She should schedule a consultation with a real estate litigation attorney.

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